Today marks a very important milestone in LGBT history. Fifty years ago today, on January 13, 1958, the U.S. Supreme Court delivered its first ever pro-gay ruling in ONE Inc. v. Olesen, a landmark decision that allowed a magazine for gays and lesbians to be sent through the U.S. mail.
ONE, Inc. was founded by several members of the Los Angeles Mattachine Society who felt that a strong nationwide voice for education and advocacy was desperately needed. According to ONE, Inc.’s articles of incorporation, “…the specific and primary purposes … are to publish and disseminate a magazine dealing primarily with homosexuality from the scientific, historical and critical point of view, and to aid in the social integration and rehabilitation of the sexual variant.” But this wasn’t going to be just any magazine. Under the inaugural editorial leadership of Martin Block, Dale Jennings, Don Slater and Donald Webster Cory, ONE magazine was to be a first class product, a dramatic departure from the typewritten and mimeographed sheets which were more common at the time.
So when ONE debuted in January 1953, it sported a very sophisticated look, with bold graphics and professional typset and design. ONE’s slick offering quickly caught the attention gays and lesbians across the country, and circulation jumped to nearly 2,000 within a few months — with most subscribers paying extra to have their magazine delivered in an unmarked wrapper. Even still, ONE’s survival depended on the day jobs of its few contributors who typically worked under multiple pen names to make the staff appear larger to readers — and sometimes to protect their own identities.
By today’s standards, an early edition of ONE might look rather tame. There were no racy pictures, and even its fiction was mostly limited to depictions of longing and desire. There was rarely any evidence of physical contact in its pages. But what the magazine lacked in raciness, it made up for in audacity. ONE’s editorial tone was bold and unapologetic, covering politics, civil rights, legal issues, police harassment (which was particularly harsh in ONE’s home city of Los Angeles), employment and familial problems, and other social, philosophical, historical and psychological topics. And most importantly, ONE quickly became a voice for thousands of silent gays and lesbians across the U.S., many of whom wrote letters of deep gratitude to ONE’s editors. But in a sign of those times, all letters to the editor were published anonymously — from “m” in Winston-Salem, North Carolina or from “f” in Beaumont, Texas.
ONE filled a very critical role for gays and lesbians during a very dark time. ONE’s debut coincided with a major push to rid the U.S. civil service of homosexuals. President Dwight D. Eisenhower would sign Executive Order 10450 in April of that year, which barred gays and lesbians from federal employment with its “sexual perversion” clause. This followed a highly-publicized purge of more than 400 gays and lesbians from the civil service some three years earlier. Homosexuality was criminalized in every states, and it was stigmatized as a mental illness by the psychiatric profession. Gays were not only denounced as security risks, but risks to the very moral fiber of the nation. Homosexuals were treated as subversives, on par with the “Communist menace” on which leading politicians were staking their career. The FBI had launched a major crackdown on homosexuality across the U.S., with many gays and lesbians losing their jobs for merely receiving homophile publications in the mail. And vice squads everywhere were setting up entrapment stings in bars and other meeting places, where a simple proposition or touch could lead to arrest and public exposure.
So when ONE caught the eye of the FBI, they immediately launched an investigation to try to shut it down. They went so far as to write to the employers of ONE’s editors and writers (they all depended on their day jobs for income), saying that their employees were “deviants” and “security risks.” Fortunately, no one lost their jobs, the FBI decided it wasn’t worth their time, and ONE continued publishing.
The job of shutting down ONE then fell to the U.S. Post Office. Since its inception, Los Angeles postal authorities vetted each issue before deciding whether it was legal to ship under the Post Office’s stringent anti-obscenity standards. And since homosexuality was illegal in most states, ONE had the added problem of possibly being guilty of promoting criminal activity. The Post Office finally acted in August 1953, holding up that month’s issue for three weeks while deciding if it violated federal laws. (Ironically, the cover story for that issue was on “homosexual marriage,” an issue that is still contentious more than fifty years later.) Finally, officials in Washington decided the magazine didn’t violate federal laws and ordered the LA Post Office to release it for shipment.
ONE, true to its aggressive stance, reacted defiantly to that move in its October issue by proclaiming in an editorial printed on the cover, “ONE is not grateful”:
Your August issue is late because the postal authorities in Washington and Los Angeles had it under a microscope. They studied it carefully from the 2nd until the 18th of September and finally decided that there was nothing obscene, lewd or lascivious in it. They allowed it to continue on its way. We have been found suitable for mailing.
…But one point must be made very clear. ONE is not grateful. ONE thanks no one for this reluctant acceptance. It is true that this decision is historic. Never before has a governmental agency of this size admitted that homosexuals not only have legal rights but might have respectable motives as well. The admission is welcome, but it’s tardy and far from enough. As we sit around quietly like nice little ladies and gentlemen gradually educating the public and the courts at our leisure, thousands of homosexuals are being unjustly arrested, blackmailed, fined, jailed, intimidated, beaten, ruined and murdered. ONE’s victory might seem big and historic as you read of it in the comfort of your home (locked in the bathroom? hidden under a stack of other magazines? sealed first class?). But the deviate hearing of our late August issue through jail bars will not be overly impressed.
ONE’s editors knew they weren’t in the clear, but they didn’t know where their next threat would come from. That threat, it appears, may have come from the Senate Foreign Relations Committee Chairman Alexander Wiley (R-WI), who wrote a letter of protest to U.S. Postmaster General Aurthur Summerfield. Having run across the March 1954 issue (the cover story was “The Importance of Being Different”) Sen. Wiley registered a “vigorous protest against the use of the United States mails to transmit a so-called ‘magazine’ devoted to the advancement of sexual perversions.” Allowing a homosexual magazine to operate, he wrote, “(a) runs utterly contrary to every moral principle, (b) runs utterly contrary to our intentions to safeguard our nation’s youngsters, (c) likewise, it is the very opposite of the entire purpose of our governmental security program…”
The particulars of this action wasn’t known by ONE’s editors. But as defiant as ONE was in the October 1953 issue, they knew that the threat of closure due to censorship still loomed large — that is, if finances and distribution problems didn’t get to them first. Financial pressures forced them to skip the August and September 1954 issues and they had to extend everyone’s subscriptions by two months. To try to avoid future legal problems, ONE’s editors asked Eric Jubler, their young straight lawyer fresh out of law school, to write a set of rules for the staff to follow in the hopes of staying out of trouble. When readers began to complain that ONE was too tame, the editors asked Jubler to print his rules in the returning October 1954 issue with a cover declaring, “You Can’t Print It!” Those rules prohibited:
(1) Lonely hearts ads, seeking pen pals or meetings.
(2) “Cheesecake” art or photos. To readers who ask, “But how about all the girlie magazines?” I can only reply that in our society, visual stimulation of man by woman is tolerated to a far greater extent than attempted visual stimulation of man by man, for what is in law a criminal purpose.
(3) Descriptions of sexual acts, or the preliminaries thereto. Again here, what is permissible in heterosexual literature is not permissible in ONE’s context.
(4) Descriptions of experiences which become too explicit. I.e., permissible: “John was my friend for a year.” Not permissible: “That night we made mad love.”
(5) Descriptions of homosexuality as a practice which the author encourages in others, or waxes too enthusiastic about.
(6) Fiction with too much physical contact between the characters. I.e., characters cannot rub knees, feel thighs, hold hands, soap backs, or undress before one another. (All examples taken from recent contributions).
Jubler also insisted that he review each issue before it was sent to the publisher. But all this failed to keep ONE out of trouble — maybe because Jubler didn’t strictly enforce his own rules, allowing the October 1954 issue to be arguably the raciest to date. The very same issue which ran Jubler’s rules also featured a fictional short story called “Sappho Remembered,” in which two young lovers touched four times, declared their love for each other, and the story had a happy ending. Another feature, a poem, made light of the arrest of several British public figures (including actor John Gielgfud) on “morals” charges (”Lord Samuel is a legal peer / (While real are Monty’s curls!) / Some peers are seers but some are queers / And some boys WILL be girls.”). And there were two ads — one for a Swedish magazine (which, postal officials charged, meant that ONE was advertising “obscene materials”) and another for men’s pajamas and intimate wear.
That was enough for the Los Angeles Post Office to seize that issue — the one with “You Can’t Print It!” on the cover — and charge the editors with violating the 1873 Comstock Act, which prohibited sending “obscene, lewd, and/or lascivious” material through the mail.
The editors were eager to sue the Post Office, but ONE’s financial condition was so perilous that they held off for nearly a year. Jubler took the case for free and looked for help from the ACLU, but they wouldn’t touch it — the ACLU was still defending anti-sodomy laws at the time. Finally it was up to young Jubler alone to argue ONE’s case in federal district court that the magazine was educational and not pornographic. It didn’t go well. The judge ruled for the Post Office in March 1956, and the 9th Circuit Court of Appeals agreed in February 1957, calling ONE “morally depraving and debasing” and saying that the magazine “has a primary purpose of exciting lust, lewd and lascivious thoughts and sensual desires in the minds of persons reading it.”
ONE then took its case to the U.S. Supreme Court. To everyone’s surprise, the Court agreed to take the case, its first ever dealing with homosexuality. Even more surprising, the Supreme Court issued its short, one-sentence decision on January 13, 1958 without hearing oral arguments. That decision not only overturned the two lower courts, but the Court expanded the First Amendment’s free speech and press freedoms by effectively limiting the power of the Comstock Act to interfere with the written word. As a result, lesbian and gay publications could be mailed without legal repercussions, though many continued to experience harassment from the Post Office and U.S. Customs.
Editor Don Slater celebrated the ONE decision in the February 1958 issue:
By winning this decision ONE Magazine has made not only history but law as well and has changed the future for all U. S. homosexuals. Never before have homosexuals claimed their right as citizens. Not even the Berdache, nor the Greeks, nor the Napoleonic Code, nor Wolfenden “recommendations,” nor The American Law Institute “recommendations” have managed to mean so much to so many. ONE Magazine no longer asks for the right to be heard; it now exercises that right. It further requires that homosexuals be treated as a proper part of society free to discuss and educate and propagandize their beliefs with no greater limitations than for any other group.
…The New York Times has this to say about the decision: “The court today reversed a post office ban on a magazine, One, which deals with homosexuality. The petition for review filed by the lawyer, Eric Julber of Los Angeles, had apparently raised only one question: was the magazine ‘obscene’ within the statute banning importation of obscene matter? The court’s order appeared to answer: No.”
True to its educational mission, ONE, Inc founded the One Institute as an educational arm in 1956. In 1958, the ONE Institute Quarterly became the first academic journal on gay and lesbian studies in America. ONE magazine’s last issue was in 1967 following a very long and acrimonious split in ONE, Inc.’s governing board. Today, the ONE National Gay and Lesbian Archives houses the world’s largest research library on Gay, Lesbian, Bisexual,and Transgender history near the main campus of the University of Southern California in Los Angeles.
Sources: Courting Justice: Gay Men and Lesbians v. the Supreme Court, by Joyce Murdoch & Deb Price.
ONE magazine, October 1953, October 1954, February, 1958.
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